Lalita Devi @ Lalita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3379 of 2014 In Civil Writ Jurisdiction Case No. 13811 of 2013 ====================================================== Lalita Devi @ Lalita Kumari, wife of Shree Uday Kumar, resident of Village - Sundarpur Mell Mani Dham, Near Post Office, P.S.- Pirpainti, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through Mr. A.K.Singh, the Principal Secretary, H.R.D., Government of Bihar, Patna.

2. Mr. Radhey Prakash, the Regional Deputy Director of Education, Bhagalpur.

3. Mr. Deo Paswan, the District Education Officer, Bhagalpur.

4. Mr. Subhash Chandra Gupta, the District Programme Officer (Establishment) , Bhagalpur.

5. Smt. Nirmala Mandal, Block Education Officer, Pirpaiti, Bhagalpur.

6. Mr. Niranjan Kumar, the Block Development Officer, Pirpainti, Bhagalpur.

.... .... O.P/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shahabuddin Azeem @ S. Azeem, Adv.

For the O.P/s :

Mr. Ashok Kumar Keshri, AAG-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 22-09-2015 Heard learned counsel for the parties.

2. A supplementary show cause reply has been filed on behalf of the District Education Officer, Bhagalpur and District Programme Officer, Bhagalpur, who are also present in person. In such show cause reply, it has been stated that a sum of Rs. 80,516/- found to have been payable to the petitioner towards her arrears of salary has already been paid. Learned counsel for the petitioner wants to verify this fact.

3. This Court, having regard to the fact that in the order

Patna High Court MJC No.3379 of 2014 (3) dt.22-09-2015 2/2 in the connected in the writ application, had never quantified the amount of arrears of salary and in fact given liberty to the District Education Officer to take a decision either to pay the arrears of salary or disclose the reasons for its non-payment to the petitioner, now in view of the aforesaid stand taken by the District Education Officer, Bhagalpur, would not be required to continue with the present contempt application.

4. That being so, this contempt application is disposed of but then nothing said in this order shall come in the way of the petitioner in claiming her legitimate due, if she has been left with any other legitimate claim of her arrears of salary due.

5. The personal appearance of Mr. Phool Babu Choudahry, District Education Officer, Bhagalpur and Mr. Jyoti Kumar, District Programme Officer (Establishment), Bhagalpur, is hereby dispensed with.

(Mihir Kumar Jha, J) Sujit/- U